The executive list receives a person who won a trial and has authority to recover certain amounts, material things or other commitments from a person who lost the case. In this regard, many people have a question where you need to seek the desired document.
1
You can get an executive list when the court decision will affect legal force. For this, it is necessary to wait ten days - this is the term during which the second party can appeal against the decision and send a case for re-examination. If the court decision requires an urgent implementation, the executive list is issued immediately after its adoption.
2
It is worth noting that several sheets can be obtained by one and the same solution. This is due to the fact that the decision can be accepted in favor of several persons. Also, the execution can be carried out in different places. For this, several documents are also issued, each of which indicates the place of execution and part of the decision that is subject to it.
3
When the court decision can no longer appeal, you can seek the document. You will be asked to present a passport and will give a sheet on receipt. If for any reason, the recoverer does not have the ability to pick up the document independently, he can entrust this to his representative by proxy, which confirms its powers. Also, the recovere may ask the court to send a sheet for execution. In some categories of deeds, only the court can send an executive list. In each court, these categories are different, so specify a specific list there.
4
In some vessels, it is possible to get the desired document on a previously written application. You will be asked to write a statement and wait a month or more to make a decision. In the law, nothing is said about this, but most of the courts are very littered with work, so they have to "invent" their rules for the execution of certain actions.
5
After the thirty-day period, call the Court's Office and make sure that the executive list is ready. If so, go there and take it. If not, you can wait another or write a statement to the Chairman of the Court, relying on article 428 Code of Civil Procedure of the Russian Federation.
6
If the proceedings occurred in the Arbitration Court, to obtain a document, it is necessary to apply to the district court at the place of residence or location of the debtor. You will be asked to write a statement. The judge will consider it within thirty days and at the court session will solve the issue of extradition. The side of the arbitration may not come to this meeting.
7
When you get the long-awaited sheet, be sure to check the data. There must be the name of the court and its address, the number and name of the case, the date of the adoption of the court decision and the date of its entry into force, information about the parties, the final part, the date of issue of the recoverer, the signature of the judge, as well as the co-brain press of the court. Check the correctness of writing names, dates, cash and details.
8
In the case of the disappearance of the document, you will have to write a statement to the court to give you a duplicate. But be prepared for the fact that the procedure can be delayed because it is necessary to conduct a court session to issue a duplicate. Parties are not necessary to appear on it.
Now you know how to get an executive list. Remember that if your rights are violated, you can always present the law to the law or write a complaint. If it is ignored, you have the right to contact the Judicial Department and the Qualification College of Judges.
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